SUBJECT: NUMBER: FAIRFAX COUNTY DOMESTIC INCIDENTS & …€¦ · member, or...

General Order 601.4 – Domestic Violence Policy of 38

FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:

DOMESTIC INCIDENTS & PROTECTIVE ORDERS

NUMBER:

601.4

EFFECTIVE DATE:

December 13, 2019 REVIEW:

December 2023 TOPICS:

PURPOSE AND POLICY

RESPONSIBLE ENTITY: Major Crimes Bureau ☐ New Directive

☐ Replaces:

☒ Revised ACCREDITATION STANDARDS:

CALEA

1.2.1, 1.2.5, 55.2.1

VLEPSC

ADM.02.01, ADM.02.02, OPR.13.01

I. PURPOSE The purpose of this policy is to set forth the procedures for police intervention in domestic incidents and the proper handling of protective orders. The provisions of this policy are intended to supplement the investigative and reporting requirements already imposed by law and existing policies.

II. POLICY Domestic violence differs from other crimes due to the complex nature and ramifications of the intimate or familial relationship between the involved parties. Officers shall respond to these incidents and arrest the predominant physical aggressor when sufficient probable cause exists, unless special circumstances apply, as specified by Virginia Code. Fairfax County Police Department employees shall ensure victims are provided all necessary assistance and information regarding services to which they are entitled, consistent with Va. Code Ann. § 19.2-11.01, and General Order 501.2, Investigative Responsibilities.

https://law.lis.virginia.gov/vacode/title19.2/chapter1.1/section19.2-11.01/

https://www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/040113investigativeresponsibilities5012.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



DEFINITIONS


☐ Replaces:


CALEA

55.2.1

VLEPSC

OPR.13.01

III. DEFINITIONS

A. Cohabiting: The Virginia Attorney General issued an opinion in 2006 that same sex partners can be charged with domestic assault if they are currently cohabiting. Cohabiting is determined by a totality of the circumstances test and must be considered on a case-by-case basis. Factors such as; shared responsibility for shelter, food, clothing, commingled assets, affection, aid of each other, and conjugal relations are all possible points of meeting the threshold for cohabitation. Same sex partners determined to be cohabiting, and meeting probable cause for assault, shall be charged under Va. Code Ann. § 18.2-57.2, Assault and battery against a family or household member.

B. Domestic Dispute: For reporting purposes, any incident, not involving a violent criminal offense, in which the parties involved appear to have a covered relationship.

C. Domestic Violence: For reporting purposes, any criminal offense involving the use of physical force in which the parties involved appear to have a covered relationship.

D. Ex parte Hearing: A hearing conducted by the court in which only the

complaining party appears to give testimony.

E. Family Abuse: Any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.

https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57.2/https:/law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57.2/


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:

DOMESTIC INCIDENTS &

PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

DEFINITIONS

F. Family or Household Member: (1) the person’s spouse, whether or not he or she resides in the same home with the person, (2) the person’s former spouse, whether or not he or she resides in the same home with the person, (3) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (4) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in law who reside in the same home with the person, (5) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (6) any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them residing in the same home with the person (Va. Code Ann. § 16.1-228).

G. Lethality Assessment Program (LAP): An assessment protocol utilized by first responders to identify victims of intimate partner violence who are at the highest risk of escalated violence or death caused by their abuser. This consists of an 11-question screening form and a telephone hotline. The goal of the LAP is to prevent domestic violence homicides, serious injury, and re-assault by encouraging more victims to utilize the support and shelter services of domestic violence programs. The Department is in partnership with many community service providers, to include the Fairfax County Office for Women & Domestic and Sexual Violence Services, which is responsible for answering the LAP line.

H. Petitioner: The allegedly abused spouse or family/household member in a protective order.

I. Predominant Physical Aggressor: The predominant physical aggressor is not necessarily the first disputant to engage in assaultive behavior. Officers shall identify the predominant physical aggressor based on the totality of the circumstances.

1. For specific standards in determining a predominant physical aggressor when investigating domestic assault and battery and violations of familial protective orders, see Section VI, paragraph A, subsection 1 of this policy.

2. For specific standards in determining a predominant physical aggressor

when investigating non familial protective order violations, see Section VI, paragraph B, subsection 1 of this policy.

https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-228/

http://www.fairfaxcounty.gov/ofw/

http://www.fairfaxcounty.gov/ofw/


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

DEFINITIONS

J. Protective Order: A court order given on behalf of a family or household member, or non-family/non-household member per Va. Code Ann. § 19.2-152.8, that prohibits the abuser from subsequent acts of violence and may order the abuser to refrain from further contact, vacate the residence, relinquish custody of a vehicle, provide temporary child support, plus other measures pursuant to Va. Code Ann. § 16.1-279.1. Types of protective orders: 1. Emergency Protective Order (EPO) – valid at least for 72 hours

2. Preliminary Protective Order (PPO) – valid up to 15 days

3. Final Protective Order (PO) – valid up to 2 years

4. Foreign Protective Order (FPO) – varies by jurisdiction

K. Respondent: The person named in a protective order as an allegedly abusive spouse or family/household member.

L. Stalking: Pursuant to Va. Code Ann. § 18.2-60.3, any person who on more than one occasion engages in conduct directed at another person with the intent to place, or when they know or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member. Stalking behaviors may include, but are not limited to:

• Following a person to home, work, and other places;

• Parking outside home or office;

• Threatening notes, telephone calls; or

• Computer-based on-line threats.



https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-279.1/



FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



INITIAL RESPONSE AND INVESTIGATIVE PROCEDURES


☐ Replaces:


CALEA

41.2.1, 41.2.4, 42.2.1, 55.2.3, 83.2.2

VLEPSC

ADM.23.02, OPR.01.01, OPR.02.01

IV. INITIAL RESPONSE AND INVESTIGATIVE PROCEDURES A. When the Department of Public Safety Communications (DPSC) receives a

call for service that is a domestic in nature, DPSC will attempt to clarify if the event is a domestic dispute (DOMDIS) or a domestic violence (DOMVIO) event and will dispatch accordingly. As a general rule, two officers will be dispatched on these events.

B. Responding officers should obtain all available information regarding the event from DPSC before arriving at the scene. Upon arrival at the event, officers shall notify dispatch of their updated status via CAD or radio.

C. The responding officers shall identify themselves as police officers, explain the reason for their presence, and request entry into the home. If the person who called the police is someone other than the subject of the call, officers shall not reveal the caller’s name.

D. If entry into a residence is refused, officers shall be persistent about speaking

with and seeing the subject of the call. If access is still refused, officers must consider the totality of the circumstances to determine if exigent circumstances exists, which would justify an immediate entry into the premises.

E. In circumstances where no exigency exists, officers should be aware that if entry into a residence is granted by one party but refused by the other, officers may not enter the residence.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

INITIAL RESPONSE AND INVESTIGATIVE

PROCEDURES

V. PRELIMINARY INVESTIGATION A. Officers should refer to General Order 501.2, Investigative Responsibilities for

guidance on conducting preliminary investigations.

B. The following are guidelines to assist officers in handling domestic related incidents: 1. Identify potential weapons in the surroundings.

2. Separate the parties.

3. Restrain the suspect, if necessary, and remove the suspect if immediate

arrest is warranted.

4. Assess injuries, administer first aid, and/or request emergency medical assistance.

5. Inquire about the nature of the dispute.

6. Identify all occupants/witnesses on the premises.

7. Separate occupants/witnesses from the victim and accused.

8. Locate and ensure the welfare of any children, or others, at the scene.

C. The officers should interview the parties as fully as circumstances allow and

determine what, if any, crime has occurred.

D. If the victim is unable to communicate in written or spoken English, the officer shall arrange for translation of all information concerning the availability of community victim assistance resources. Except in emergency or exigent circumstances, officers should avoid using children of the involved persons for translation purposes.

E. If reasonable suspicion or probable cause is developed, the victim’s safety and privacy should be ensured by interviewing the victim in an area apart from the suspect, witnesses, and bystanders. The officer should ask the victim about previous domestic incidents, their frequency and severity, including injuries, and inquire about the current existence or previous existence of protective orders.



FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


PROCEDURES

F. If both parties appear to have sustained injuries or make cross/reciprocal complaints, the officer(s) shall attempt to distinguish the predominant aggressor from the victim. The officer(s) should not tell the victim what decision has been made concerning arrest until all available information has been collected.

G. The officer(s) should interview any witnesses as soon as circumstances allow and document appropriately.

H. The age and mental capacity of any witness should be taken into account when conducting an interview.

I. When in contact with a child witness or victim, should signs of trauma or any apparent healing of abuse wounds be noted by the officer, the provisions of General Order 603.2, Assistance to Abused or Neglected Children, shall be followed.

J. If a criminal violation has occurred, the officer shall collect and preserve all

physical evidence reasonably necessary to help support a successful prosecution.

1. The officer should look for evidence substantiating the victim's injuries, evidentiary articles that substantiate the attack (weapons, torn clothing, etc.) and evidence recording the crime scene.

2. The officer should ensure that photographs are taken of visible injuries to

the victim.

a. All photographs shall be handled in accordance with Standard Operating Procedure (SOP) 04-018 for use as evidence in criminal proceedings. In addition, a sufficient number of images to document the injuries sustained, shall be uploaded to the current Records Management System (RMS) and attached to the incident report.

3. In some cases it may be helpful to have the victim complete a Statement

of Incident Form to assist in documenting the event and injuries. K. The Police Liaison Commander (PLC) or the Duty Officer will contact the

appropriate first-line supervisor if information becomes available that a domestic related incident involves an employee of any law enforcement agency.

https://www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/040113assistancetoabusedorneglectedchildren6032.pdf

http://bluenet/bureaus_divisions/prb/Shared%20Documents/Standard%20Operating%20Procedures/SOP%20Files/04-018%20-%20Digital%20Imaging%20Procedures.pdf

http://bluenet/bureaus_divisions/cib/Shared%20Documents/DV%20Statement%20of%20Incident.pdf

http://bluenet/bureaus_divisions/cib/Shared%20Documents/DV%20Statement%20of%20Incident.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


PROCEDURES

L. If a party involved in a domestic dispute or violence incident is an employee of this Department or any law enforcement agency, the primary officer shall advise their first line supervisor as soon as practical. The first line supervisor shall respond, when a Department employee is involved, and assume the investigation in accordance with General Order 301, Internal Investigations. The first line supervisor shall ensure a thorough investigation is conducted, and an arrest is made, if warranted. The first line supervisor is responsible for notifying the appropriate commander and/or Duty Officer. The commander and/or Duty Officer will ensure the appropriate authorities in the subject's agency are notified. This notification will be documented.

https://www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/internalinvestigations.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



ARREST SITUATIONS AND LEGAL CONSIDERATIONS


☐ Replaces:


CALEA

1.2.5

VLEPSC

ADM.02.02

VI. LEGAL CONSIDERATIONS AND PROCEDURES FOR ARREST A. An officer having probable cause to believe that a violation of Va. Code Ann.

§ 18.2-57.2, (Assault and battery against a family or household member) or Va. Code Ann § 16.1-253.2 (Violation of protective orders and certain court orders which have previously been served on the respondent) has occurred, shall arrest and take into custody the person the officer has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor, unless there are special circumstances which would dictate a course of action other than arrest. In the event that the suspect has left the scene prior to the arrival of the officer, and there is probable cause that a violation of Va. Code Ann. § 18.2-57.2 (Assault and battery against a family or household member) has occurred, the officer shall respond to the magistrate to obtain the arrest warrant unless there are special circumstances which would dictate a course of action other than obtaining the warrant. In situations where the officer responds to the magistrate to obtain the warrant, the officer shall appear as the complainant. 1. The standards for determining who is the predominant physical aggressor

for violations of Va. Code Ann. § 18.2-57.2 or § 16.1-253.2 shall be based

on the following considerations as set forth in Va. Code Ann. § 19.2-

81.3(B):

a. Who was the first aggressor;

b. The protection of the health and safety of family and household

members;

c. Prior complaints of family abuse by the allegedly abusing person

involving the family or household members;

d. The relative severity of the injuries inflicted on persons involved in the

incident;

e. Whether any injuries were inflicted in self-defense;

f. Witness statements; and

g. Other observations.

http://law.lis.virginia.gov/vacode/18.2-57.2/








FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

ARREST SITUATION AND LEGAL

CONSIDERATIONS

B. A law-enforcement officer having probable cause to believe that a violation of

Va. Code Ann. § 18.2-60.4 (violation of non-familial/non-household POs) has

occurred that involves physical aggression shall arrest and take into custody

the person they have probable cause to believe, based on the totality of the

circumstances, was the predominant physical aggressor unless there are

special circumstances which would dictate a course of action other than an

arrest.

1. The standards for determining who is the predominant physical aggressor

for violations of Va. Code Ann. § 18.2-60.4 shall be based on the following

considerations as set forth in Va. Code Ann. § 19.2-81.3 (C):

a. Who was the first aggressor;

b. The protection of the health and safety of the person to whom the

protective order was issued and the person's family and household

members;

c. Prior acts of violence, force, or threat, as defined in Va. Code Ann.

§ 19.2-152.7:1, by the person against whom the protective order was

issued against the person protected by the order or the protected

person's family or household members;

d. The relative severity of the injuries inflicted on persons involved in the

incident;

e. Whether any injuries were inflicted in self-defense;

f. Witness statements; and

g. Other observations.

• Va. Code Ann. § 19.2-81.3 requires an arrest for every violation of Va.

Code Ann. § 18.2-57.2 or § 16.1-253.2 where there is probable cause, but

ONLY requires arrest for violations of Va. Code Ann. § 18.2-60.4 if there’s

probable cause and the violation involved physical aggression.

C. When investigating a domestic incident, officers need to consider the totality of the event and consider the possibility that other crimes may have been committed, including but not limited to:

• Unlawfully preventing a call to 9-1-1

• Strangulation

• Abduction

• Malicious Wounding




https://law.lis.virginia.gov/vacode/title19.2/chapter9.1/section19.2-152.7:1/






FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

ARREST SITUATION AND LEGAL

CONSIDERATIONS

D. When an arrest is made, the officer shall emphasize to both the victim and

suspect that the criminal action initiated is at the Commonwealth's discretion and not the victim's.

E. If the officer makes an arrest, the officer shall confiscate any weapons used, or threatened to be used, in the commission of the crime. These items should be held as evidence.

VII. ARREST PROCEDURES

A. All arrests will be in accordance with the General Order 600 series. B. In every case in which a law enforcement officer makes an arrest for a

violation of Va. Code Ann. § 18.2-57.2, regardless of whether the warrant was issued or denied, they shall petition for an EPO as authorized in Va. Code Ann. § 16.1-253.4 when the person arrested and taken into custody is brought before the magistrate. 1. If the person arrested is a minor, a petition for an EPO shall not be

required.

C. The victim shall also be advised that the suspect is likely to be in custody only briefly and the victim may wish to leave the residence temporarily in order to ensure their safety.

D. Regardless of whether an arrest is made, if the officer believes that there is a possibility of domestic violence in the future, the officer may petition for an EPO.

E. The officer should obtain all arrest warrant(s) in the situations described

above. The victim should not be required to obtain warrant(s). F. The victim should be advised of the expiration date listed on the EPO, and

informed regarding their option to obtain a Preliminary Protective Order from the Juvenile and Domestic Relations District Court.

G. Officers shall ensure that subpoenas are issued for all victims and witnesses

in domestic violence cases. Victims and witnesses shall be informed of the potential consequences of failing to appear in response to a subpoena.




FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



NON-ARREST SITUATIONS AND LEGAL CONSIDERATIONS


☐ Replaces:


CALEA

1.2.5, 1.2.6

VLEPSC

ADM.02.02, ADM.02.03

VIII. NON-ARREST SITUATIONS OR CIRCUMSTANCES NOT WARRANTING CUSTODIAL ARREST A. If the nature of an offense does not permit a custodial arrest, a summons may

be issued, if appropriate and permitted by law.

B. If an arrest is not made, or the officer cannot determine the probable cause necessary for obtaining the arrest warrant:

1. The officer shall explain to the victim the reasons why the arrest is not

being made or the reasons a warrant is not being sought;

2. The officer shall advise the victim of procedures for obtaining a warrant and a protective order.

3. The officer shall encourage the victim to contact the resources available to assist domestic violence victims; and

4. The officer shall not become involved in the disposition of personal property other than as described in Section XI of this policy.

C. An officer who investigates a report of domestic violence, regardless of the initial dispatch classification, and has concluded that the predominant physical aggressor cannot be determined (i.e., mutual combatants), shall not make an arrest. The officer shall contact their first line supervisor to brief them on the facts and circumstances of the incident for concurrence prior to leaving the scene. 1. If the officer establishes there is mutual combat and each party has similar

injuries, the officer should not arrest both parties in an attempt to satisfy the mandatory arrest requirement.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:

DOMESTIC VIOLENCE &

PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

NON ARREST SITUATIONS AND LEGAL

CONSIDERATIONS

D. An officer who responds to any report of domestic violence, regardless of the initial dispatch classification, and has determined at the conclusion of their investigation, that probable cause cannot be determined or established for an arrest, shall contact their first line supervisor to brief them on the facts and circumstances of the incident for concurrence prior to leaving the scene.

IX. SPECIAL CIRCUMSTANCES A. An officer who has established probable cause to believe that a violation of

Va. Code Ann. § 18.2-57.2 or § 16.1-253.2 has occurred AND concludes that special circumstances exist which would dictate a course of action other than arrest or responding to the magistrate to obtain a warrant, shall consult with their supervisor for concurrence prior to leaving the scene. The special circumstances exception shall not be based on the fact that the victim does not want to press charges, has not pressed charges in the past, or assurances that the violence will stop. 1. This exception is not typical and may include circumstances such as, but

not limited to:

• Mental crisis or conditions – see General Order 603.3

• Juvenile diversion – see General Order 605

• Medical conditions




FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



LETHALITY ASSESSMENT PROGRAM


☐ Replaces:


CALEA

42.2.3

VLEPSC

OPR.13.01

X. LETHALITY ASSESSMENT PROGRAM A. The Lethality Assessment Program (LAP) screening process shall be utilized

by patrol officers investigating intimate partner domestic violence cases, when an arrest is made or the investigating officer obtains a domestic assault arrest warrant.

B. This screening effort should not be used on non-intimate partner victims or anyone under 18 years of age.

C. While still on scene, the officer should introduce the LAP screening with words such as, "I'd like to ask you some questions that will help me understand your situation a little better." Officers should ask all of the questions and check all applicable boxes on the form.

D. Victims will automatically screen in as “high danger”, triggering the LAP protocol referral, when they answer "yes" to any questions #1-3 or answer “yes” to a minimum of four questions #4-11.

1. When a victim is not assessed as “high danger” on the LAP form, an

officer may still trigger the protocol referral based on the victim’s response to the questions “Is there anything else that worries you about your safety?” If the answer is “yes,” ask “What worries you?”

2. An officer may also trigger the protocol referral when they believe the victim is in a potentially lethal situation, based on their professional experience, training, and judgment.

E. Once a victim is screened in, the officer shall use their department issued cell

phone to contact the LAP representative.

F. Officers SHALL NOT use the victim’s phone and SHALL NOT give the victim the LAP phone number.

http://bluenet/PoliceForms/FCPD_LAP_Screen_2017.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


G. The dedicated LAP line is to be used only by officers, to contact a LAP advocate, after the victim screens in.

H. The officer should give the LAP advocate their name, station, date, case number, offender name, victim name, and which LAP form questions were answered “yes” before the victim speaks to the LAP advocate.

1. The officer should advise the victim this is a confidential phone

conversations between only the victim and the LAP advocate.

2. The officer should give the victim privacy to speak to the LAP advocate, with due regard to safety, and ensure the offender or aggressor is out of the area.

3. The officer should utilize the language line when necessary and avoid using an officer as an interpreter to maintain the conversations’ confidentiality.

4. The LAP call should be no more than 10 minutes, as safety planning is discussed, as well as a suitable time to meet and follow-up is determined.

I. If the victim does not wish to speak with the LAP advocate, the officer shall

still call the LAP line if the victim screened in.

J. Participation in the LAP is voluntary. All refusals shall be documented in the investigative report.

K. The officer filing the report shall scan the LAP form into the current RMS and document the LAP effort in the narrative prior to the end of their shift. If a secondary officer completed the LAP form, that officer must write a supplement to include the LAP screen.

L. If the LAP form scanned successfully, the original may be shredded. If the LAP form is unable to be scanned, the officer shall forward the original to the Station Domestic Violence Detective.

M. When a Victim Services Section (VSS) Specialist is on scene or enroute, there is no need to initiate the LAP.

N. If the officer contacts the shelter (Artemis House), the officer shall advise the shelter personnel that the LAP screening has been completed.

http://bluenet/PoliceForms/FCPD_LAP_Screen_2017.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


O. When detectives from the Major Crimes Bureau respond to assume a criminal investigation, coordination by the lead detective, the assigned patrol officer, or a VSS Specialist shall occur to ensure the LAP is completed in a timely manner.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:


December 2023

TOPICS:

ASSISTANCE TO VICTIMS, WITNESSES, AND DEPENDENTS


☐ Replaces:


CALEA

55.1.1, 55.2.1, 55.2.4

VLEPSC

ADM.23.01, ADM.23.02, ADM.23.03

XI. ASSISTANCE TO VICTIMS, WITNESSES, AND DEPENDENTS A. Whether or not an arrest is made, the responding officers shall not leave the

scene of the incident until the situation appears to be under control and the reasonable likelihood of further violence has been eliminated. The officers should stand by while victims gather necessities for short-term absences from home, such as clothing, medication, and necessary documents.

B. Pursuant to laws relating to victims and witness rights, and in accordance with

General Order 501.2, Investigative Responsibilities, persons who are victims

and witnesses of crimes must be afforded certain accommodations and

information. As soon as practical after identifying a victim or witness of a

crime, regardless if an arrest is made, the preliminary officer or detective shall

provide the victim or witness with the VSS’s trifold brochure. This brochure

highlights specific information, such as the availability of a county shelter and

phone number, as well as other domestic violence services available in the

county. The distribution of this VSS trifold brochure and the disclosure of any

other information or services provided to the victim or witness shall be

documented in the narrative of the incident report or supplement.

• The parent or legal guardian of any crime victim who is a minor, or the

spouse, parent, or legal guardian of any crime victim who is physically or

mentally incapacitated, must also be notified of these rights and services

available to them.



FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

ASSISTANCE TO VICTIMS, WITNESSES, AND

DEPENDENTS

C. In circumstances when it is necessary for the victim to temporarily leave the residence, the officer shall offer the victim assistance in locating lodging with family, friends or in public shelters. The VSS shall be contacted, via the PLC (if afterhours) when a victim requires temporary alternative housing such as a domestic violence shelter or hotel.

D. The officer, upon request of the victim, shall provide or help arrange transportation to emergency housing or to a medical facility. The address of the location to which the victim is transported shall not be included on any police reports; however, the location shall be provided to the VSS and District Station Domestic Violence Detective.

E. When an officer determines that a preliminary report will be made regarding a domestic violence event involving assault and battery, they shall advise the victim that a summary of the report can be obtained by responding to the Records Division of the Resource Management Bureau approximately 10 days after the incident. The request must be made in person and the victim must furnish proper identification. If a personal request is not feasible, authorization for the release of the report to another person must be provided by power of attorney.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



DOMESTIC ESCORT PROCEDURES


☐ Replaces:


CALEA

55.2.2

VLEPSC

ADM.23.02

XII. DOMESTIC ESCORT SITUATIONS

A. A Domestic Escort is a service provided to person(s) who may have left their

primary residence due to a domestic incident and need to retrieve personal

property for their stay away from their primary residence.

B. To better assist victims of domestic violence, officers should accompany

victims into the residence to maintain the peace and prevent further violence

while the victim gathers their property.

C. Upon receiving a request for escort, the victim’s information shall be obtained

to include a callback telephone number. If a number is not available, victims

should be asked to respond to the district station where the residence is

located.

D. The PLC shall notify the on-call VSS Specialist who will contact the victim. If

the VSS Specialist is not available, the patrol supervisor shall be notified and

will contact the victim.

E. The VSS Specialist shall investigate the circumstances surrounding the

request and determine if an escort is necessary. This decision will be based

on the need for items, availability of other options, and threat of possible

danger at the residence.

F. If the VSS Specialist determines an escort is necessary, the victim shall be

advised of a neutral location to meet officers. The VSS Specialist shall then

notify the supervisor where the escort is to occur and ensure that an officer is

dispatched to meet the victim.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:

DOMESTIC VIOLENCE &

PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


G. The VSS Specialist shall immediately notify the Director of the VSS of any

request they determined to be unwarranted or unreasonable. If the Director

concurs, there will be no further action taken.

H. The officer shall verify the identity and residence of the victim who is

requesting the escort.

I. After speaking to the victim, if the officer feels an escort is unreasonable,

unwarranted, or unsafe, the officer shall consult with their immediate

supervisor. If the supervisor concurs, the officer will explain to the victim why

the escort will not be provided.

J. If the escort is denied, the patrol supervisor shall notify the Director of VSS so

other avenues may be offered to the victim.

K. A minimum of two officers will provide the escort to the residence.

• Officers shall not become involved in decisions involving disposition of

property. If a dispute arises, the property shall remain at the residence

and the ownership resolved at a later time.

• Prior to arriving at the residence, the officer shall advise the victim that the

only items to be retrieved are those necessary for short-term absences

from the home such as clothing, medication, and necessary documents.

• Officers shall not assist the victim in gaining entry into the residence. If

the residence is secure and the victim does not have a key, the officer will

advise the victim to return at a later time when entry can be made without

force. This will include situations in which the other parties involved are at

the residence and refuse to grant the victim access. Under no

circumstances will officers stand by while the victim forces entry into the

residence.

• Officers should not directly assist in the removal of any property from the

residence. However, to expedite the event and minimize the time at the

residence, minor assistance is permitted.

L. The primary officer providing the escort shall complete a police report or a supplemental report if the escort is a continuation of a previously reported


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:

DOMESTIC VIOLENCE &

PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


incident. The report shall include the reason for the escort, a general description of the items retrieved, the method of entry into the residence, and the presence of anyone at the residence during the escort. A copy of the report shall be forwarded electronically to the VSS Specialist assigned to the involved station.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



REPORTING OF EVENTS


☐ Replaces:


CALEA

82.2.2, 82.2.4

VLEPSC

ADM.25.01, OPR.02.02

XIII. REPORTING OF EVENTS A. Pursuant to Va. Code Ann. § 19.2-81.3 (D)., regardless of whether an arrest

is made, the officer shall file a written report, which shall state whether any arrests were made, and if so, the number of arrests, specifically including any incident in which they have probable cause to believe family abuse has occurred, and, where required, including a complete statement in writing that there are special circumstances that would dictate a course of action other than an arrest.

B. The officer shall also provide the allegedly abused person or the person protected by a PO, both orally and in writing (VSS trifold), information regarding the legal and community resources available, as required by Va. Code Ann. § 19.2-81.3 (D).

C. All persons writing reports in the current RMS shall follow the guidelines set forth in the Fairfax County Police Department Report Writing Manual when completing, reviewing, and approving an incident report.

• The officer filing a report shall classify the actual event on the basis of facts known at the time of the report and at the completion of their preliminary investigative activities.

• Narrative portions of all reports shall support the classification and status assigned to the case.

• Supervisors shall ensure that all required elements of a report have been completed clearly and accurately. Emphasis shall be given to the classification of the actual event, the narrative support given the classification, the presence or absence of facts warranting follow-up investigation, and whether the case status assigned by the officer is appropriate.


http://bluenet/bureaus_divisions/prb/Shared%20Documents/Report%20Writing%20Manual/Fairfax%20County%20Police%20Department%20Report%20Writing%20Manual%202013.pdf


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

REPORTING OF EVENTS

D. In all cases of domestic violence, the presence of juvenile family or household

members, even if they did not directly witness the incident, should be

documented in the narrative and the report shall be forwarded, by either the

officer or reviewing supervisor, to Child Protective Services (CPS)

electronically at [email protected], and the

appropriate School Resource Officer (SRO), if applicable. Names, ages and

schools attended are not required but should be included if available. Officers

can refer to General Order 603.2, Assistance to Abused or Neglected

Children for additional guidance.

E. A victim’s refusal to cooperate does not qualify as an exceptional means to

close cases of assault and battery against a family or household member (Va.

Code Ann. § 18.2-57.2) or violation of protective orders, and certain court

orders which have previously been served on a respondent (Va. Code Ann. §

16.1-253.2).

F. All domestic dispute and violence cases shall be forwarded electronically to the VSS Specialist and the appropriate District Station Domestic Violence Detective.

G. Repeat Offenders - If the reporting officer is informed or learns of a history of domestic violence, this shall be documented in the investigative report narrative. The report shall be electronically submitted to the appropriate District Station Domestic Violence Detective for follow up.

H. The assigned detective will ensure that:

• VSS, CPS, SRO’s or any other relevant prevention and assistance organizations are informed;

• Certified copies of prior convictions are obtained to aid in the prosecution of the case;

• The Office of the Commonwealth’s Attorney is contacted and provided with information relating to past history; and

• A supplement is written if the detective is involved in court proceedings documenting the outcome, or has any additional investigative information pertaining to the case.

mailto:[email protected]

https://www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/040113assistancetoabusedorneglectedchildren6032.pdfhttps:/www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/040113assistancetoabusedorneglectedchildren6032.pdf





FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



FAMILY / HOUSEHOLD MEMBER PROTECTIVE ORDERS


☐ Replaces:


CALEA

1.2.1, 74.2.1

VLEPSC

OPR.12.01, OPR.12.02, OPR.13.01

XIV. FAMILY / HOUSEHOLD MEMBER PROTECTIVE ORDER A. Emergency Protective Order (EPO)

1. Officers investigating assaults against family or household members may

find it necessary to petition for an EPO, through a magistrate, when probable cause exists that such an assault occurred or there are reasonable grounds to believe that there is probable danger of a further offense against the victim.

2. In every case in which an officer makes an arrest for assault against a family or household member per Va. Code Ann. § 18.2-57.2, regardless of whether the warrant was issued or denied, the officer shall petition for an EPO when the person arrested is taken into custody and brought before a magistrate.

a. If the person arrested is a minor, a petition for an EPO shall not be required.

3. Regardless of whether an arrest is made, if the officer has probable cause

to believe that a danger of acts of family abuse exist, the officer shall seek

an EPO from a judge or magistrate (Va. Code Ann. § 19.2-81.3 and Va.

Code Ann. § 16.1-253.4)

4. In circumstances when an arrest is not made or a warrant is not issued, an officer is not precluded from seeking an EPO if they believe family abuse has occurred and there is a probable danger of further such offenses against a family or household member.

5. EPOs are issued at the request of a police officer or an allegedly abused

person. At the request of an allegedly abused person, officers shall assist in the transportation of a victim to appear before a magistrate.





FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

FAMILY / HOUSEHOLD MEMBER PROTECTIVE

ORDERS

6. The decision to seek an EPO should not be affected by the fact that the family or household member left the premises to avoid the danger of another assault.

7. Officers may attempt to secure an EPO via telephone in cases where the suspect has fled the scene and there is probable cause to believe that family abuse has occurred with probable danger of further abuse against a family or household member. Prior to making contact with the magistrate, the officer shall complete State Form DC-626, Emergency Protective Order - Family Abuse. When completing this form, the abused person or crime victim will be listed as the petitioner. An EPO granted to an officer by telephone should be returned to the issuing magistrate if possible.

8. The following conditions may be imposed by the magistrate:

a. No further acts of family abuse or criminal offense to be committed by

the respondent.

b. No contact by the respondent with family or household members as the magistrate deems appropriate to protect the safety of such persons.

c. Granting the family or household member temporary possession of the premises to the exclusion of the respondent. (Note - No such granting of temporary possession shall affect title to any real or personal property)

d. Granting the petitioner the possession of any companion animal as defined in Va. Code Ann. § 3.2-6500 if such petitioner meets the definition of owner in Va. Code Ann. § 3.2-6500

9. Once an officer receives an EPO from the magistrate, the respondent must be served in person for the EPO to go into effect. After an EPO has been served, a copy of the completed EPO shall be faxed to the Teletype Section. Officers shall contact the Teletype Section to confirm receipt of the served EPO for entry into VCIN.

10. Service of an EPO to a petitioner must be done in person, or posted at their home address.

https://law.lis.virginia.gov/vacode/3.2-6500/

https://law.lis.virginia.gov/vacode/3.2-6500/


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


ORDERS

11. The EPO will expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the EPO shall be extended until 11:59 p.m. on the next day that the Juvenile and Domestic Relations District Court is in session. No court hearing is required for an EPO.

12. If the officer is unable to serve the EPO on the respondent prior to the end of the officer's shift, the officer shall forward the EPO to the relieving shift supervisor. The officer shall document this in the report. The on-duty supervisor shall ensure continued service attempts are made while the EPO is active. The EPO shall be forwarded to the relieving shift supervisor until the EPO is served to the respondent or expires.

13. All expired EPOs shall be returned to the magistrate’s office by the Police

Citizens Aid (PCA), and noted in the Warrant Module.

14. The officer obtaining the EPO will ensure entry into the Location of Interest (LOI) file. The LOI entry will have the retention days set to ensure the record remains on file until the expiration of the EPO. The remarks section will include the respondent’s name, conditions of the EPO, the EPO’s location, the name of the officer, and the issuing magistrate. When an LOI is entered for an EPO, this step will be documented in the current RMS.

15. When an officer has obtained an EPO, regardless of whether or not it has been served, the officer shall ensure the EPO is taken to either the warrant desk or a station level PCA for entry into the current RMS, and that notification is made to the Teletype Section at DPSC.

a. If the EPO is accompanied by a warrant, do not separate the EPO from the warrant until it has expired. Expired EPOs are returned to the magistrate’s office.

16. A report shall be submitted by the assigned officer, detailing the officer’s

actions. A copy of the served EPO shall be scanned and attached to the report. The served “court” copy shall be sent to the magistrate’s office.

17. Pursuant to Va. Code Ann. § 16.1-253.2, a respondent upon whom any PO has been served and who violates that order shall be guilty of a Class 1 misdemeanor and shall be arrested and taken before a magistrate.



FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


ORDERS

Va. Code Ann. § 16.1-253.2 (C) provides for enhanced penalties (Class 6 Felony) when a respondent commits these specific acts:

a. Assault and battery upon any party protected by the protective order resulting in bodily injury to the party.

b. Stalks any party protected by the protective order in violation of Va. Code Ann § 18.2-60.3.

c. Furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives.

B. Preliminary Protective Order (PPO) and Final Protective Order (PO)

1. A PPO or PO is issued by the Juvenile and Domestic Relations District

Court in situations where a family or household member has been assaulted and is likely to be assaulted again. The PPO or PO may direct the respondent to move out of the home and to stay away from the property pursuant to Va. Code Ann. § 16.1-253.

2. Officers shall inform victims of domestic violence of the procedures for obtaining a PPO or PO.

3. Officers should inform the respondent regarding Va. Code Ann. § 18.2-308.1:4, that the purchase or transportation of a firearm by persons subject to any protective order is prohibited and that any person with a concealed handgun permit shall surrender their permit to the court entering the order, for the duration of any protective order referred to herein. A violation is a Class 1 misdemeanor.

4. Respondents of a Final PO shall transfer all firearms to any person not prohibited by law to possess such firearms within 24 hours, pursuant to Va. Code Ann. § 18.2-308.1:4. The turnover of all firearms should be coordinated through the Fairfax County Sheriff’s Office at 703-246-3227 or 703-246-4406.

5. The PO applicant must be the victim of an assault or in fear of an assault.

6. The PO applicant must appear before an Intake Officer and swear to the petition.




https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.1:4/



https://www.fairfaxcounty.gov/sheriff/


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


ORDERS

7. The petition will be taken before a judge, ex parte, on the same day. The

judge will decide whether or not to issue a PPO in response to the petition. The PPO shall specify a date for the full hearing which shall be held within 15 days of the issuance of the PPO.

8. The PPO or PO is effective after personal service on the respondent is complete.

9. A PPO is valid from the date of personal service until the court hearing.

10. A PO is valid for up to two years from the date of the hearing, unless otherwise specified by the court.

11. Both PPO’s and PO’s may be rescinded prior to the expiration date by the Juvenile and Domestic Relations District Court on a motion filed by either the respondent or family/household member.

C. Violations of Family/Household Member Protective Orders (Va. Code Ann. §§

16.1-253.2 and 19.2-81.3) 1. Only the respondent listed on a protective order can be charged with a

violation of that order.

2. Officers should treat a protective order, including a Foreign Protective Order, as valid on its face and shall enforce the terms of the order if it meets the following conditions: a. The order contains both parties’ names;

b. Is signed by a judicial officer;

c. Is not expired; and

d. Terms of the order are clear and it appears that an alleged violation

has occurred.

3. A copy of the original order is sufficient for service.

4. There is no requirement for a Foreign Protective Order to be filed or registered in Fairfax County. Registration is optional. Individuals desiring




FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


ORDERS

to register their orders shall be referred to the Juvenile and Domestic Relation District Court during regular business hours.

5. If the complainant/victim is unable to produce the original or copy of the protective order, the officer should take the following actions to determine the status of the order;

a. Verify existence and terms of the order or Foreign Protective Order by communicating with the appropriate court or law enforcement personnel in the issuing state or jurisdiction.

b. Confirm through use of centrally automated protection order registries. Contact information for each statewide registry is available from the National Center on Protection Orders and Full Faith and Credit at 703-312-7922.

c. Contact the affected sheriff’s office in Virginia if the protective order has been previously filed with a Virginia jurisdiction.

d. Request the DPSC Teletype Section to confirm through VCIN and the NCIC Protection Order File.

6. An officer may rely on representations made by the protected party that a

valid order remains in effect, when the totality of factors present supports this determination. For example, the accused person acknowledges existence of the protective order.

7. In situations where the existence and status of a protective order or EPO cannot be confirmed, officers shall not make an arrest based on the existence of the order. However, officers shall enforce all applicable state and local statutes concerning domestic violence, assaults and other violations of law.

8. If an officer determines that a valid protective order or EPO has not been properly served on an accused person who is present at a complaint, the officer should:

a. Serve the protective order or EPO on the accused person;


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:


ORDERS

b. Prepare and submit a confirmation of service form to the Juvenile and Domestic Relations District Court and the affected sheriff’s office for entry into VCIN;

c. Notify the issuing authority that the accused person received notice and or a copy of the protective order;

d. Complete a report in the current RMS documenting the incident; and

e. Provide copies of the report to VSS and the District Station Domestic Violence Detective.

D. Tracking of the Service or Attempted Service of Protective Orders

1. Officers may encounter situations where they may be requested to assist

with the service of Preliminary Protective Orders (PPO), Final Protective Orders (PO) or Foreign Protective Orders (FPO).

2. Entry into the current RMS does not apply to a Teletype “Attempt to Locate” request from another agency or jurisdiction. The Department must be provided a physical copy of the originating agency’s PO prior to attempting service.

3. The service of any PPO, Final PO or Foreign Protective Order shall be documented in the current RMS under the appropriate event type.


FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



GENERAL OR NON-FAMILY / NON-HOUSEHOLD MEMBER PROTECTIVE

ORDERS


☐ Replaces:


CALEA

1.2.1, 74.2.1

VLEPSC

OPR.12.01, OPR.12.02, OPR.13.01

XV. GENERAL OR NON-FAMILY / NON-HOUSEHOLD MEMBER PROTECTIVE ORDERS A. When two parties do not meet the definition of family or household member,

protective order relief may still be available to alleged victims through Va. Code Ann. §§ 19.2-152.8, 19.2-152.9, and 19.2-152.10.

B. Emergency Protective Order (EPO) (Va. Code Ann.§ 19.2-152.8)

1. An EPO is issued by a judge or magistrate, upon request of a law enforcement officer or an alleged victim. To obtain an EPO, the alleged victim must have been subjected to an act of violence, force, or threat, and the judge or magistrate finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition or warrant for the arrest of the respondent has been issued for a criminal offense resulting from the commission of an act of violence, force, or threat. Law enforcement may request an EPO either by telephone or in person. An alleged victim must appear in person before a judge or magistrate to request an EPO.

2. An EPO can:

a. Prohibit acts of violence, force, or threat, or criminal offenses resulting in injury to person or property;

b. Prohibit contacts by the respondent with the petitioner or the petitioner's family or household members; and

c. Grant other conditions that the judge or magistrate deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-152.8





FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

GENERAL OR NON-FAMILY / NON-HOUSEHOLD

MEMBER PROTECTIVE ORDERS

3. An EPO expires at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that court is not in session, the EPO shall be extended until 11:59 p.m. on the next day that the court that issued the order is in session.

4. Officers should advise the victim that they may request a Preliminary Protective Order, within a reasonable period of time following the incident, through the General District Court (Va. Code Ann. § 19.2-152.9).

5. Officers may petition for an extension of an EPO on behalf of the victim, if the person protected by the order is mentally or physically incapacitated (not to exceed three days after expiration of the original order).

C. Preliminary Protective Order (PPO) (Va. Code Ann. § 19.2-152.9)

1. A PPO is issued by a judge, upon request of an alleged victim. To obtain

a PPO, the alleged victim must have been subjected to an act of violence, force, or threat, or a petition or warrant has been issued for the arrest of the suspect for any criminal offense resulting from the commission of an act of violence, force, or threat. An alleged victim must appear before a judge in person to request a PPO.

2. A PPO can:

a. Prohibit acts of violence, force, or threat or criminal offenses that may result in injury to person or property;


c. Grant other conditions that the court deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent.

3. A PPO is valid for 15 days, or until the date of the next hearing scheduled

at the time of issuance of the PPO.




FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:



D. Final Protective Order (PO) (Va. Code Ann. § 19.2-152.10) 1. A Final PO is issued by a judge, following a hearing at which both the

petitioner and respondent are present.

2. A Final PO can:

a. Prohibit acts of violence, force, or threat or criminal offenses that may result in injury to person or property;


c. Grant other conditions that the court deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent.

3. A Final PO is valid for any period of time up to a maximum of two years.

E. Violations of Non-Family/Non-Household Member Protective Orders (Va. Code Ann. § 18.2-60.4)

1. Only the respondent listed on a protective order can be charged with a

violation of that order.

2. Officers cannot arrest for a violation of a protective order if the respondent has not been served with the order. In this case, the officer should attempt to serve the order immediately.

3. If a copy of the protective order is not available, officers may still enforce the order and its conditions, upon a credible statement that an order has been granted and served. When relying on such a statement, it is recommended that the officer have the victim write and sign a statement.

4. Any person who violates any provision of a protective order issued pursuant to Va. Code Ann. §§ 19.2-152.8, 19.2-152.9 or 19.2-152.10 is guilty of a Class 1 misdemeanor.

5. The punishments for certain violations, to include second and third convictions, may result in mandatory minimum terms of confinement and







FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:



increased penalties.

6. Upon conviction for any protective order violation, the person shall be sentenced to a term of confinement and in no case shall the entire term imposed be suspended. Upon conviction, the court shall, in addition to the sentence imposed, enter a protective order pursuant to Va. Code Ann. § 19.2-152.10 for a specified period not exceeding two years from the date of conviction.

F. The documentation of incidents involving General or Non-Family/Non-

Household Member Protective Orders shall be in compliance and consistent with the Section XIII of this policy.

G. All service or service attempts of General or Non-Family/Non-Household Member Protective Orders shall be documented in the current RMS under the appropriate event type.




FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



FOREIGN PROTECTIVE ORDERS


☐ Replaces:


CALEA

1.2.1, 74.2.1

VLEPSC

OPR.12.01, OPR.12.02, OPR.13.01

XVI. FOREIGN PROTECTIVE ORDER A. A Foreign Protective Order (FPO) is any judgment, order or decree, whether

permanent or temporary, issued by an out-of-state court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with, or physical proximity to another person.

B. FPOs shall be accorded full faith and credit, and officers shall enforce protective orders from other states or possessions of the United States as if they were issued in Virginia. This applies to all orders in which the respondent has received notice of the opportunity to attend a protective order hearing. Enforcement of an FPO does not require that the order be registered in Virginia. (Va. Code Ann. § 16.1-279.1).



FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


NUMBER:

601.4

EFFECTIVE DATE:



LEGAL REFERENCES


☐ Replaces:


CALEA

1.2.3

VLEPSC

ADM.02.02

XVII. LEGAL REFERENCES A. Va. Code Ann. § 9.1-1300 Domestic violence policies and procedures for law

enforcement agencies in the Commonwealth

B. Va. Code Ann. § 16.1-228 Definitions.

C. Va. Code Ann. § 16.1-253 Preliminary Protective Order.

D. Va. Code Ann. § 16.1-253.1 Preliminary Protective Orders in cases of family abuse; confidentiality.

E. Va. Code Ann. § 16.1-253.2 Violation of provisions of protective orders; penalty.

F. Va. Code Ann. § 16.1-253.4 Emergency Protective Orders authorized in certain cases; penalty.

G. Va. Code Ann. § 16.1-279.1 Protective order in cases of family abuse.

H. Va. Code Ann. § 18.2-51 Shooting, stabbing, etc., with intent to maim, kill, etc.

I. Va. Code Ann. § 18.2-51.2 Aggravated malicious wounding; penalty.

J. Va. Code Ann. § 18.2-52 Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire.

K. Va. Code Ann. § 18.2-57.2 Assault and battery against a family or household member; penalty.

L. Va. Code Ann. § 18.2-60.3 Stalking; penalty.

M. Va. Code Ann. § 18.2-60.4 Violation of protective orders; penalty.















FAIRFAX COUNTY

POLICE DEPARTMENT

GENERAL ORDER

SUBJECT:


PROTECTIVE ORDERS

NUMBER:

601.4

TOPICS:

LEGAL REFERENCES

N. Va. Code Ann. § 18.2-308.1:4 Purchase or transportation of firearm by persons subject to protective orders; penalties.

O. Va. Code Ann. § 18.2-324.2 Use of unmanned aircraft (drones) for certain purposes; Respondent of a PO can’t use drone to follow or contact.

P. Va. Code Ann. § 19.2-11.01 Crime victim and witness rights.

Q. Va. Code Ann. § 19.2-81 Arrest without warrant authorized in certain cases.

R. Va. Code Ann. § 19.2-81.3 Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc.

S. Va. Code Ann. §19.2-152.8 Emergency Protective Orders authorized.

T. Va. Code Ann. § 19.2-152.9 Preliminary Protective Orders.

U. Va. Code Ann. § 19.2-152.10 Protective order.

V. The full faith and credit provision of the Federal Violence Against Women Act (VAWA), 18 U.S.C., Sections 2265 – 2266.

W. Georgia v Randolph, US Supreme Court decision 2006.









http://www.bwjp.org/assets/documents/pdfs/ffc_prosecutors_guide.pdf

http://www.bwjp.org/assets/documents/pdfs/ffc_prosecutors_guide.pdf

https://www.justice.gov/osg/brief/georgia-v-randolph-amicus-merits

unty Executive

FAIRFAX COUNTY POLICE DEPARTMENT

SUBJECT:


TOPICS:

LEGAL REFERENCES

NUMBER:

601.4

GENERAL ORDER

General Order 601.4 become effective on December 13, 2019, and rescind all

previous rules and regulations pertaining to the subjects.

ISSUED BY:

Chief of Police

APPROVED BY:

General Order 601.4 — Domestic Violence Policy of 38

SUBJECT: NUMBER: FAIRFAX COUNTY DOMESTIC INCIDENTS & …€¦ · member, or...

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